DATE: February 26, 1996
CASE NO. 95-ERA-0011


IN THE MATTER OF

DAVID G. JOHNSON,

          COMPLAINANT,

     v.

BECHTEL CONSTRUCTION CO.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                    SUPPLEMENTAL ORDER CONCERNING COSTS

     This case arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C.A. § 5851 (West 1994).  In a Final Decision and Order
issued on September 28, 1995, I found that Respondent, Bechtel
Construction Co., violated the ERA when it failed to rehire
Complainant, David Johnson, because of safety complaints he made
during an earlier period of employment.  I ordered Bechtel to pay
back pay plus interest and noted that Johnson, who appeared
pro se, was entitled to payment of the reasonable costs he
incurred in bringing the complaint.  See Final Dec. at 3
and 42 U.S.C.A. § 5851(b)(2)(B).  Accordingly, I afforded Johnson the
opportunity to submit a petition detailing his costs,  including
any fees for typing, photocopying, mailing, telegrams, long
distance telephone call, and the like.  
     Johnson submitted a petition listing costs in the amount of
$1099.12 and seeking interest on that sum.  Bechtel objected to
some of the cost items on the ground that they are not
recoverable under Fed. Rule Civ. P. 56(d) and argued that the 
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ERA s cost provision should be interpreted like the Federal Rule.
The company contested other costs on the ground that Johnson
provided no reliable documentation and also argued that interest
is not recoverable on costs.  Bechtel did not object to paying
Johnson s $300 attorney consultation fee because it was
documented by a bill attached to the petition.  
     Contrary to Bechtel s argument for a narrow interpretation
of a complainant s costs recoverable under the ERA, the provision
has been interpreted broadly.  See, e.g., Tritt v. Fluor
Constructors, Inc., Case No. 88-ERA-29, Dec. and Ord. of
Remand, Mar. 16, 1995, slip op. at 5, petition for review
docketed sub nom. Fluor Constructors, Inc. v. Sec. of Labor,
No. 95-2827 (11th Cir. June 19, 1995) and Creekmore v. ABB
Power Systems Energy Services, Inc., Dep. Sec. Dec. and
Remand Ord., Feb. 14, 1996, slip op. at 25 (costs include
certified mailings, telegram, and Complainant s transportation,
lodging, and meals to attend the hearing).  I find that the types
of items to which Bechtel objects in this case, including travel
expense[1]  and postage related to the hearing, are compensable
under the ERA.
     While it is best for a Complainant to attach receipts or
bills reflecting a claimed cost item, I find that it is not
absolutely necessary in this case, either because of items in the
record or the details Johnson provided to support his claim.  The
record contains the telegram Johnson sent to request a hearing
and I will allow the $27 cost for this item.  Johnson listed the
eight documents for which he claims a certified mail fee and
therefore I will allow $10.32 for the cost of certified mail. 
Likewise, Johnson listed the five documents for which he claims a
fee for overnight mail and I will allow the $53.75 claimed.
     Johnson listed the names of five books for which he claims
costs.  Since the books concern trial preparation and Johnson
represented himself at the hearing, I find that Johnson
reasonably incurred the cost of purchasing those books in
bringing his complaint.  Consequently, I will allow the $223.85
claimed.
     I will disallow items for which Johnson indicates a rough
estimation has been given:  regular mail, long distance phone
calls, and photocopies.  I also disallow the claimed cost for
typing since Johnson  petitions that this price from Kinko s Inc.
be used  but does not state that he actually incurred the claimed
cost in preparing pleadings and documents in this case.  Finally,

the ERA does not authorize interest on costs.  Tritt, slip
op. at 5. 
     Accordingly, Respondent shall pay to Complainant $645.52 in
costs.
     SO ORDERED.    

[PAGE 3]



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.
     



[ENDNOTES]

[1]  Johnson claimed a mileage fee of $.17 per mile for 180
miles, representing round trips between his home in Kenosha,
Wisconsin and the location of the hearing in Milwaukee for the
three days of hearing.  I find that the claimed total cost of
$30.60 is reasonable.